My new car is a lemon, what can I do?

Question:

D.S. asks: "Several months ago I purchased an automobile from a local dealership. The vehicle has had problems from the get go. It is under warranty, but I keep having to take it back to the dealership. So far I have had to have the car repaired four times, and it has been out of service for nearly two months. I just want to return this vehicle, and get my money back, but the dealership refuses to allow me to do that. What can I do?"

Answer:

In order to answer your question, I would need to know whether or not your vehicle is new. If your vehicle is new, you may have a claim against the dealership under Tennessee's "lemon law," which is codified at Tenn. Code Ann. 55-204-101 et. seq. The Tennessee Consumer Affairs Division website provides an excellent overview of Tennessee's "lemon law," and so rather than re-inventing the wheel, I would encourage you to visit their website for more information on the lemon law.

If your car was not bought new and it was bought "as is with no warranty," then you probably don't have a claim unless you can prove that the dealership committed fraud or that they engaged in an unfair or deceptive practice. An example of either fraud or an unfair or deceptive practice would be if the dealership knew that the vehicle had all sorts of problems, but nonetheless sold you the vehicle claiming that it had been inspected by their mechanics and that it was in good shape. If you can prove that the dealership committed fraud or that they engaged in an unfair or deceptive practice when they sold you your automobile, then you may have claims against the dealership under either the common law tort of fraud or under the Tennessee Consumer Protection Act, which is codified at Tenn. Code Ann. 47-18-101 et. seq.

Because of the strict time limits associated with taking any of the above actions, I would encourage you to contact an attorney immediately for more information.